1994 (12) TMI 238 - AT - Customs

Summary

Issues:
1. Modification of redemption fine and penalty by the lower authority.
2. Appellant's plea of misdeclaration of value and invocation of Section 111(m).
3. Dispute over responsibility for correct declaration of goods' value.
4. Consideration of under-declaration and fault of clearing agent.
5. Appellant's attempt to shift blame for misdeclaration.
6. Decision on confiscability of goods and imposition of penalty.

Analysis:
The appeal challenges the modification of the redemption fine and penalty by the lower authority, reducing them from Rs. 3.00 lakhs to Rs. 50,000 and from Rs. 2.00 lakhs to Rs. 50,000 respectively. The appellant argues that the misdeclaration of value was due to the clearing agent's error in not noting two identical invoices, leading to the under-declaration of Rs. 3.00 lakhs. The lower appellate authority acknowledged the clearing agent's mistake and considered the gravity of the offense, recommending leniency due to the lack of evidence of intentional duty evasion and the goods being covered by the Actual user certificate.

The respondent contends that while the lower authority found misdeclaration of value under Section 111(d), it invoked Section 111(m) against the appellants. The respondent emphasizes the importer and clearing agent's joint responsibility to ensure accurate value declaration, asserting that the importer's certification of the bill of entry's correctness includes verifying the declared value. The respondent argues against further leniency, stating that the lower authority had already shown sufficient leniency.

The judgment acknowledges the undisputed under-declaration of value and rejects the appellant's attempt to shift blame to the clearing agent. Despite the clearing agent's oversight, the appellant, as the importer, is held responsible for the incorrect value declaration in the bill of entry. Consequently, the goods are deemed confiscable under Section 111(m), and the appellants are liable for a penalty. The judgment reduces the redemption fine to Rs. 50,000 but decreases the penalty to Rs. 20,000 considering the value under-declared at Rs. 3.00 lakhs. The decision upholds the confiscation and penalty while making the mentioned modifications, ultimately rejecting the appeal.